[06PacRimLPolyJ245] New Developments in Environmental Law and Policy in Taiwan

Abstract:

Author: Associate Research Fellow, Institute for Social Sciences and Philosophy, Academia Sinica;
Associate Professor of Law, Sun Yat-sen Graduate Institute, National Taiwan University (NTU); LL.B.,
NTU, 1978: LL.M., NTU, 1981; LL.M., Harvard Law School, 1984; S.J.D., Tulane Law School, 1989;
Visiting Scholar, Cologne University, Germany (1993-94). Abstract: This article provides a critical review of the important developments of
the environmental laws and policies of the Republic of China on Taiwan since 1993. The
article also supplements the author's 1990 and 1993 publications. Section II briefs the
reader on background political and economic changes. Section III analyzes three new
environmental statutes, including the Environmental Impact Assessment Act of 1994.
Section IV investigates the problems encountered in some environmental initiatives,
including the collection of air pollution control fees and the newly launched "four-inone"
recycling program. Section V summarizes important environmental decisions by
the Administrative Court. Section VI suggests strategies for further progress, including
changing the mode of legislation, making the administrative decision-making process
accessible to the public, as well as reforming the judicial system.